Residence And Domicile System Test

Domicile is an important institution in both the civil law countries and thecommon law countries, and each of the two legal systems has its origin of domicile inthe old Roman law. There are many similarities in the content of the institution ofdomicile in all these countries. However, domicile in china has its different aspectcontrasting to these countries. Domicile in china is affiliated or connected with thehousehold registration institution. But, why this happened? What relationship betweenthe two institutions is and what is ought to be? The author of this article makes effortsto explore the reasons of these differences through the study of the history of theseinstitutions.The author of this article tried to prove the opinion that the householdregistration in china is an institution of domicile registration almost throughout thewhole history of china, and the freedom of migration is only a limited reality. In fact,the household registration is a tool of governors to control their subjects as a unit offamily, and migration was not permitted except by obtaining permission from theauthority. Domicile of choice has no room to exist in china. This is an explanation ofthe problem illustrated above.My logic is a historical angle. And the history of reformation of householdregistration in Republic of China period is worth of our attention. The householdregistration acts of 1911 and 1933 are ought to be given more considerations. Thereformations brought about by the acts distinguished the household registration of thenarrow meaning from of its broad meanings, which included the civil registration andthe domicile registration. The household registration in our china's history is only adomicile registration. It is a mechanism of tying the farmers or peasants to the land ofthe emperors before the fall of Qing Dynasty.At the same time, there exists the opinion possessed by amounts of people thatthe household registration is the same as the civil registration in the western countries.The author of this article doesn't agree with this opinion. The civil registrationevolved from the parish registration, which includes the birth registration, themarriage registration and the death registration, etc. And in modern times, theseregistrations are important documents of proving people's legal position in civilsociety. The household registration in china has no these functions.The author of this article, therefore, proposes that the provisions in generalprinciples of the civil law of the people's republic of china are not appropriate andshould be revised. The household registration should be separated from the institutionof domicile. And the household registration should be transformed into the civilregistration.